Notice of approval

Proponent: Browning-Ferris Industries Limited
Environmental assessment (EA) file number: PR-BF-02

Take notice that the period for requiring a hearing, provided for in the Notice of Completion of the Review for the above noted undertaking, expired on December 16, 1997. The Ministry received eight submissions before the expiration date. Four submissions requested a hearing by the Environmental Assessment Board and four submissions supported this undertaking. One of the submissions requesting a hearing has been withdrawn. The public, including the submitters, had been advised that the Minister was considering applying section 9 of the Act with respect to the Environmental Assessment (which has the effect of eliminating the acceptance decision which was necessary prior to January 1, 1997) and were invited to make submissions on that proposal. None did.

I do not consider it advisable or necessary to hold a hearing. Having considered the purpose of the Act, the Environmental Assessment, the Review and submissions received, I hereby give approval to proceed with the Undertaking, subject to conditions set out in Attachment A.

Reasons

My reasons for giving approval are:

  1. On the basis of the proponent’s Environmental Assessment and the Review, the proponent’s conclusion that, on balance, the advantages of this undertaking outweigh its disadvantages appears to be valid.
  2. No other beneficial alternative method of implementing the undertaking was identified.
  3. On the basis of the proponent’s Environmental Assessment, the Review and the conditions of approval, the construction, operation and maintenance of the undertaking will be consistent with the purpose of the Act (section 2).
  4. The Government Review Team has indicated no outstanding concerns that can not be addressed through conditions of approval. The public review of the Environmental Assessment did not identify any outstanding concerns which can not be addressed through the conditions of approval or terms and conditions of a Provisional Certificate of Approval.
  5. The submissions received from the public are being dealt with through conditions, where appropriate.
  6. The host community of The Corporation of the Municipality of Chatham-Kent (formerly represented by the City of Chatham, Township of Harwich and the County of Kent) supports the proposal.

Conditions

1. Definitions

Proponent
means Browning-Ferris Industries Limited
Site
refers to the site located on Lots 13 to 16, Concession 4, Municipality of Chatham-Kent (in the former Township of Harwich)
MOE
refers to the Ministry of the Environment
Regional Director
refers to the Director of the MOE's Southwestern Region
RLC
refers to the Ridge,Liaison Cormnittee
EAA
refers to the Environmental Assessment Act

2. General requirements

  1. The Proponent shall comply with the provisions of the Environmental Assessment all of which are incorporated herein by reference except as provided in these conditions and as provided in any Part V, Environmental Protection Act, Provisional Certificate Approval for the site, and any other approvals or permits that may be issued.
  2. These conditions do not prevent more restrictive conditions being imposed under other statutes.
  3. Where a document is required for the Public Record, it shall be provided to the Director to the Environmental Assessment Branch, MOE, for filing with the Public Record maintained for this undertaking. Additional copies of such documents will be provided by the proponent for public access to: the Regional Director of the MOE; the Clerk’s office of The Corporation of the Municipality of Chatham-Kent; at least one library; and to the Ridge Liaison Committee

3. Ridge landfill

  1. All financial liabilities and other responsibilities that are associated with the design, development, operation, closure, monitoring, leachate and gas collection, and remedial measures related to the site are binding on the Proponent. Remedial measures include the restoration of water supplies
  2. When appropriate, the proponent shall circulate the Draft Part V, Environmental Protection Act, Provisional Certificate of Approval to interested parties. The proponent shall provide interested parties with a reasonable t{me frame to provide comments on these terms and conditions.
  3. The proponent shall prepare a financial assurance package in accordance with the Ministry of the Environment guide entitled "Financial Assurance (Part XII - Ontario Environmental Protection Act) A Guide", May 1996. The financial assurance package shall be submitted as part of the Environmental Protection Act approval documentation and be reviewed and accepted by the Director prior to issuance of a Provisional Certificate of Approval under Part V of the Environmental Protection Act.

    Interested parties shall have the right to review and comment on the financial assurance package.

4. Ridge Liaison Committee

  1. The Proponent shall make every effort to maintain the RLC. The RLC will serve as the focal point for dissemination, review and exchange of information and monitoring results relevant to the operation of the landfill site.
  2. Within six months of the date of EAA approval, Terms of Reference for the RLC, prepared in consultation with the public, shall be submitted to the Regional Director for approval. The Regional Director may amend the Terms of Reference submitted to him before approving them and may amend them from time to time. When approved, a copy shall be filed with the Public Record.
  3. The Proponent shall provide for the administrative costs of establishing and operating the RLC, including the cost of meeting places and clerical services.
  4. The Proponent shall enter into an agreement with The Corporation of the Municipality of Chatham-Kent which addresses the use of County roads for truck traffic to and from the Ridge Landfill site. A copy of the agreement shall be filed with the Public Record.

Dated the 18th day of June 1998 at Toronto.

Original signed by
Minister of Environment and Energy
135 St. Clair Avenue West, 15th Floor
Toronto, Ontario
M4V 1P5

Approved by O.C. number 1644/98